Professional Documents
Culture Documents
Brenda Marcos Vs Wilson Marcos, G.R. No. 136490, Oct 19, 2000
Brenda Marcos Vs Wilson Marcos, G.R. No. 136490, Oct 19, 2000
136490
Command Chapel in Malacaang Park, Manila (Exh. A-1). Out of their marriage, five (5) children were
born (Exhs. B, C, D, E and F).
"Appellant Wilson G. Marcos joined the Armed Forces of the Philippines in 1973. Later on, he was
transferred to the Presidential Security Command in Malacaang during the Marcos Regime. Appellee
Brenda B. Marcos, on the other hand, joined the Women's Auxilliary Corps under the Philippine Air
Force in 1978. After the Edsa Revolution, both of them sought a discharge from the military service.
"They first met sometime in 1980 when both of them were assigned at the Malacaang Palace, she as an
escort of Imee Marcos and he as a Presidential Guard of President Ferdinand Marcos. Through
telephone conversations, they became acquainted and eventually became sweethearts.
"After their marriage on September 6, 1982, they resided at No. 1702 Daisy Street, Hulo Bliss,
Mandaluyong, a housing unit which she acquired from the Bliss Development Corporation when she was
still single.
"After the downfall of President Marcos, he left the military service in 1987 and then engaged in
different business ventures that did not however prosper. As a wife, she always urged him to look for
work so that their children would see him, instead of her, as the head of the family and a good provider.
Due to his failure to engage in any gainful employment, they would often quarrel and as a consequence,
he would hit and beat her. He would even force her to have sex with him despite her weariness. He
would also inflict physical harm on their children for a slight mistake and was so severe in the way he
chastised them. Thus, for several times during their cohabitation, he would leave their house. In 1992,
they were already living separately.
"All the while, she was engrossed in the business of selling "magic uling" and chickens. While she was
still in the military, she would first make deliveries early in the morning before going to Malacaang.
When she was discharged from the military service, she concentrated on her business. Then, she
became a supplier in the Armed Forces of the Philippines until she was able to put up a trading and
construction company, NS Ness Trading and Construction Development Corporation.
"The 'straw that broke the camel's back' took place on October 16, 1994, when they had a bitter quarrel.
As they were already living separately, she did not want him to stay in their house anymore. On that
day, when she saw him in their house, she was so angry that she lambasted him. He then turned violent,
inflicting physical harm on her and even on her mother who came to her aid. The following day, October
17, 1994, she and their children left the house and sought refuge in her sister's house.
"On October 19, 1994, she submitted herself [to] medical examination at the Mandaluyong Medical
Center where her injuries were diagnosed as contusions (Exh. G, Records, 153).
"Sometime in August 1995, she together with her two sisters and driver, went to him at the Bliss unit in
Mandaluyong to look for their missing child, Niko. Upon seeing them, he got mad. After knowing the
reason for their unexpected presence, he ran after them with a samurai and even [beat] her driver.
"At the time of the filing of this case, she and their children were renting a house in Camella, Paraaque,
while the appellant was residing at the Bliss unit in Mandaluyong.
"In the case study conducted by Social Worker Sonia C. Millan, the children described their father as
cruel and physically abusive to them (Exh. UU, Records, pp. 85-100).
"The appellee submitted herself to psychologist Natividad A. Dayan, Ph.D., for psychological evaluation
(Exh. YY, Records, pp. 207-216), while the appellant on the other hand, did not.
"The court a quo found the appellant to be psychologically incapacitated to perform his marital
obligations mainly because of his failure to find work to support his family and his violent attitude
towards appellee and their children, x x x."3
Ruling of the Court of Appeals
Reversing the RTC, the CA held that psychological incapacity had not been established by the totality of
the evidence presented. It ratiocinated in this wise:
"Essential in a petition for annulment is the allegation of the root cause of the spouse's psychological
incapacity which should also be medically or clinically identified, sufficiently proven by experts and
clearly explained in the decision. The incapacity must be proven to be existing at the time of the
celebration of the marriage and shown to be medically or clinically permanent or incurable. It must also
be grave enough to bring about the disability of the parties to assume the essential obligations of
marriage as set forth in Articles 68 to 71 and Articles 220 to 225 of the Family Code and such noncomplied marital obligations must similarly be alleged in the petition, established by evidence and
explained in the decision.
"In the case before us, the appellant was not subjected to any psychological or psychiatric evaluation.
The psychological findings about the appellant by psychiatrist Natividad Dayan were based only on the
interviews conducted with the appellee. Expert evidence by qualified psychiatrists and clinical
psychologists is essential if only to prove that the parties were or any one of them was mentally or
psychically ill to be truly incognitive of the marital obligations he or she was assuming, or as would make
him or her x x x unable to assume them. In fact, he offered testimonial evidence to show that he [was]
not psychologically incapacitated. The root cause of his supposed incapacity was not alleged in the
petition, nor medically or clinically identified as a psychological illness or sufficiently proven by an
expert. Similarly, there is no evidence at all that would show that the appellant was suffering from an
incapacity which [was] psychological or mental - not physical to the extent that he could not have known
the obligations he was assuming: that the incapacity [was] grave, ha[d] preceded the marriage and [was]
incurable."4
Hence, this Petition.5
Issues
In her Memorandum,6 petitioner presents for this Court's consideration the following issues:
"I. Whether or not the Honorable Court of Appeals could set aside the findings by the Regional
Trial Court of psychological incapacity of a respondent in a Petition for declaration of nullity of
marriage simply because the respondent did not subject himself to psychological evaluation.
II. Whether or not the totality of evidence presented and the demeanor of all the witnesses
should be the basis of the determination of the merits of the Petition."7
The Court's Ruling
We agree with petitioner that the personal medical or psychological examination of respondent is not a
requirement for a declaration of psychological incapacity. Nevertheless, the totality of the evidence she
presented does not show such incapacity.
Preliminary Issue: Need for Personal Medical Examination
Petitioner contends that the testimonies and the results of various tests that were submitted to
determine respondent's psychological incapacity to perform the obligations of marriage should not have
been brushed aside by the Court of Appeals, simply because respondent had not taken those tests
himself. Petitioner adds that the CA should have realized that under the circumstances, she had no
choice but to rely on other sources of information in order to determine the psychological capacity of
respondent, who had refused to submit himself to such tests.
In Republic v. CA and Molina,8 the guidelines governing the application and the interpretation
of psychological incapacity referred to in Article 36 of the Family Code9 were laid down by this Court as
follows:
"1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt
should be resolved in favor of the existence and continuation of the marriage and against its
dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish
the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article
on the Family, recognizing it 'as the foundation of the nation.' It decrees marriage as legally
'inviolable,' thereby protecting it from dissolution at the whim of the parties. Both the family
and marriage are to be 'protected' by the state.
xxx
xxx
xxx
2) The root cause of the psychological incapacity must be: (a) medically or clinically identified,
(b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the
decision. Article 36 of the Family Code requires that the incapacity must be psychological - not
physical, although its manifestations and/or symptoms may be physical. The evidence must
convince the court that the parties, or one of them, was mentally or psychically ill to such an
extent that the person could not have known the obligations he was assuming, or knowing
them, could not have given valid assumption thereof. Although no example of such incapacity
need be given here so as not to limit the application of the provision under the principle
ofejusdem generis, nevertheless such root cause must be identified as a psychological illness and
its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists
and clinical psychologists.
3) The incapacity must be proven to be existing at 'the time of the celebration' of the marriage.
The evidence must show that the illness was existing when the parties exchanged their 'I do's.'
The manifestation of the illness need not be perceivable at such time, but the illness itself must
have attached at such moment, or prior thereto.
4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such
incurability may be absolute or even relative only in regard to the other spouse, not necessarily
absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to
the assumption of marriage obligations, not necessarily to those not related to marriage, like
the exercise of a profession or employment in a job. Hence, a pediatrician may be effective in
diagnosing illnesses of children and prescribing medicine to cure them but not be
psychologically capacitated to procreate, bear and raise his/her own children as an essential
obligation of marriage.
5) Such illness must be grave enough to bring about the disability of the party to assume the
essential obligations of marriage. Thus, 'mild characteriological peculiarities, mood changes,
occasional emotional outbursts cannot be accepted as root causes. The illness must be shown as
downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other
words, there is a natal or supervening disabling factor in the person, an adverse integral element
in the personality structure that effectively incapacitates the person from really accepting and
thereby complying with the obligations essential to marriage.
6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the
Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same
Code in regard to parents and their children. Such non-complied marital obligation(s) must also
be stated in the petition, proven by evidence and included in the text of the decision.
7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in
the Philippines, while not controlling or decisive, should be given great respect by our courts.
xxx
xxx
xxx
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to
appear as counsel for the state. No decision shall be handed down unless the Solicitor General
issues a certification, which will be quoted in the decision, briefly stating therein his reasons for
his agreement or opposition, as the case may be, to the petition. The Solicitor General, along
with the prosecuting attorney, shall submit to the court such certification within fifteen (15)
days from the date the case is deemed submitted for resolution of the court. The Solicitor
General shall discharge the equivalent function of the defensor vinculicontemplated under
Canon 1095."10
The guidelines incorporate the three basic requirements earlier mandated by the Court in Santos v.
Court of Appeals:11 "psychological incapacity must be characterized by (a) gravity (b) juridical
antecedence, and (c) incurability." The foregoing guidelines do not require that a physician examine the
person to be declared psychologically incapacitated. In fact, the root cause may be "medically or
clinically identified." What is important is the presence of evidence that can adequately establish the
party's psychological condition. For indeed, if the totality of evidence presented is enough to sustain a
finding of psychological incapacity, then actual medical examination of the person concerned need not
be resorted to.